MANILA – The Sandiganbayan Fifth Division has denied suspended Sen. Jinggoy Estrada’s request to attend the impeachment trial of Vice President Sara Duterte, ruling that his motion lacked merit.

In a seven-page resolution dated July 9, the anti-graft court said Estrada’s request could not be considered an emergency or a compelling reason to justify a temporary leave from detention.

“This court cannot consider the accused-movant’s request to be in the nature of emergency of compelling temporary leave. While an impeachment trial is of paramount constitutional importance, its significance does not, by itself, provide a basis for the grant of his request,” the court said.

Estrada is facing a non-bailable plunder case involving P573 million, along with two counts of graft in connection with his alleged links to the flood control controversy.

The Fifth Division, chaired by Associate Justice Zaldy Trespeses, is handling the senator’s plunder case. Estrada is currently detained at the Quezon City Jail in Payatas.

In seeking permission to attend the impeachment proceedings, Estrada argued that serving as a senator-judge in the impeachment trial was a “high constitutional duty” that justified temporary leave from detention. He also maintained that his vote was significant because a two-thirds vote is required for an impeachment conviction and argued that preventive detention does not terminate his term as senator.

The court, however, ruled that a public official under preventive detention cannot perform official functions unless released on bail or recognizance.

“Let it be stressed that all prisoners whether under preventive detention or serving final sentence can not practice their profession nor engage in any business or occupation, or hold office, elective or appointive, while in detention,” the court said.

The Sandiganbayan also noted that, based on the Senate Pre-Trial Order, Duterte’s impeachment trial is scheduled for 92 trial days over 31 weeks, with hearings held three days each week.

The court said Estrada’s request effectively sought a continuing and recurring leave from detention rather than a temporary emergency release.

“Overall, the trial period would span 31 weeks. Such a prolonged and recurring arrangement cannot, by any stretch of the imagination, be considered an emergency or compelling temporary leave from detention. Allowing the accused-movant to attend the impeachment trial would virtually make him a free man with all the privileges appurtenant to his position,” the resolution stated.

The court added that granting the request would defeat the purpose of preventive detention.

“To grant such request would substantially erode the very restraints that lawful detention necessarily entails.”

It also said regularly allowing Estrada to attend Senate sessions would elevate him to a special class of detainees and “make a mockery of the purposes of the correction system.”

Earlier this week, Senate Minority Leader Alan Peter Cayetano urged the Senate impeachment court to consider allowing Estrada and Sen. Rodante Marcoleta, who are both detained on plunder charges, to attend the impeachment proceedings. Cayetano argued that both lawmakers could still participate in the trial if their cases were dismissed or if they were granted bail.

Meanwhile, the Sandiganbayan Second Division allowed Estrada to withdraw a separate motion seeking permission to attend the impeachment trial after his legal team admitted it had been mistakenly filed before the wrong division. The motion was withdrawn because the Fifth Division, not the Second Division, has jurisdiction over his plunder case.